What Can You Expect During A Divorce Trial In Ohio?
In this blog post, we will discuss what you can expect if your divorce goes to trial.
If your divorce is very contentious and you cannot come to an agreement out-of-court, your divorce will go to trial. What can you expect? Find out in this blog!
Preliminary Legal Actions
Most cases end without a trial. In fact, only 5 percent of divorces actually make it to trial. Even the most embattled spouses are able to find common ground on things such as child support and alimony out of court. If a case does go to trial, it will likely be at the end of a long process involving a host of preceding legal actions.
If your case does go to trial, the trial will only consider things that are contested by both spouses. If you and your spouse agree on other aspects of the divorce and these terms are judged fair, these can be taken into account during the trial.
To begin with, both parties will have the opportunity to make an opening argument. Your lawyer will outline the different issues in the case and your point of view. They will tell the judge what you want, why you want it, and why you should be entitled to your requests.
Introducing Witnesses And Evidence
Once the opening statements are finished, the trial will begin in earnest. Witnesses and evidence can be called in by both parties, and can be examined and cross-examined to verify their credibility.
The specifics of how long this takes and how it works will vary quite a bit depending on the complexity of the trial. This is what takes up the bulk of the time of the trial process. Your trial could, in total, take less than half a day, or a divorce trial could take up several days if it involves a more complicated fact pattern.
After all of the evidence has been provided to the judge, the final step of the trial is for both sides to make their closing arguments. The attorneys for both parties will restate the important evidence to the judge, apply this to the law, and use this to justify the requests that are being made.
Written Divorce Orders
After closing arguments are complete, the judge will issue a final divorce decree. This is a written order that is the final ruling on all of the issues presented at trial – including, but not limited to:
- Division of property
- Physical and legal custody
- Child support
After both parties receive the written decree, they have the option to appeal all of it or part of it. If no appeals are entered, the divorce order entered by the court becomes final and legally-binding.
Consider Collaborative Divorce Rather Than Going To Trial
Going to trial for divorce only makes things more contentious and difficult. In the vast majority of cases, it’s possible to come to an agreement with your ex-spouse about your divorce, and avoid the need to go to court.
In collaborative divorce, a team of attorneys works with you and your spouse to come to mutually-agreeable solutions for common issues related to divorce, allowing you to get on with your life and avoid a trial.
To learn more and see how our Ohio divorce attorneys can help, contact Wagner & Bloch online or give us a call at 513-751-4420.